By Theresa Vargas
Washington Post Staff Writer
Saturday, May 5, 2007
In a case seemingly riddled with wrongs, a federal judge had to decide yesterday who was more right: the Dumfries police officers who called in sick to head to Las Vegas, or their supervisors who confronted them at the airport upon their return.
The lawsuit filed in U.S. District Court in Alexandria had charged that the town's police chief and captain violated the officers' constitutional rights by meeting the plane with a show of force in an effort to "humiliate and embarrass" them.
Three of the four AWOL officers, who say they disembarked at Dulles International Airport and were immediately questioned and searched in front of other passengers, had sought $1 million each.
Judge T.S. Ellis III dismissed the case, finding no constitutional rights had been violated.
"I don't doubt it was embarrassing to them," he said. "But life is about making choices and living with the consequences of the choices you make."
In this case, the officers had chosen to lie to their bosses, and the consequence was being "called on the carpet" by the town's top brass, Ellis said.
Afterward, Jennifer L. Parrish, attorney for Dumfries Police Chief Calvin Johnson and Capt. Ronald Mackey, said her clients had been vindicated.
"It's unfortunate that the lawsuit was even brought, because it shed a false light on the diligence and credibility of the police force," she said.
She maintained, and Ellis agreed, that Johnson and Mackey were working in the capacity of bosses executing a disciplinary action, not police officers making an arrest, when they showed up at the airport.
Her clients had already been lied to and they wanted to see for themselves if the officers stepped off that plane, she said.
And they did.
There to greet them, the officers said in the suit, were five to 10 officers, from both Dumfries and the Metropolitan Washington Airports Authority, in a horseshoe formation. The returning officers were questioned and stripped of their badges in an open, visible area, they contended.
Michael S. Horwatt, the officers' attorney, called it a "kind of disciplinary nuclear attack."
"This was punishment," he told the court yesterday. "This was to teach them a lesson. This was not for any other reason."
Horwatt said they will appeal. He added that the case is important because it indicates what is occurring on a national scale. "From top to bottom, from the highest levels to the lowest levels of government today, we are seeing an abuse of power and an abuse of authority," he said.
As part of the suit, the officers also contended that their return flight information was unlawfully obtained with the help of the airports authority. Tara Hamilton, a spokeswoman for the agency, declined to comment on the case.
None of the officers who filed the suit is still with the department. Two of the officers retired. The other two, who were auxiliary officers, were dismissed when their program was eliminated.
Dumfries, the state's oldest chartered town, is 35 miles from the District and tucked away in Virginia's second-largest county, Prince William. The police department patrols 1.6 square miles and is responsible for about 5,000 residents.
According to the lawsuit, the issue started when Officers Darrel Robinson and Troy Parker and auxiliary Officers Colin Ruffner and James Metcalf decided to attend a Feb. 15-17 junket in Las Vegas.
Ruffner and Metcalf were not required to request time off, but Parker and Robinson were, so they made up excuses.
Parker told his bosses he was scheduled for dental surgery and even presented a forged note from a dental office, Ellis said in his dismissal order. When he was caught, he then told supervisors that he had lied because he was at an abortion clinic with his girlfriend, which was also determined to be false.
Robinson told Johnson that he needed the time off because his grandmother had suffered a stroke and he had to go to New Jersey to be with her, Ellis said. That was also determined to be a lie.
The two were the only full-time officers scheduled to work those days, Parrish said in court. At the time, the force consisted of 13 full-time officers.
Ruffner lied when the supervisors called to ask him if he knew where the others were, according to Ellis. Ruffner said that he knows that he and the others did wrong but that it did not warrant the reception they received when they stepped off United Airlines Flight 1516.
"This was a very elaborate thing that they did. This is what you would do for an escaped fugitive," he said, adding that the lawsuit was never about the money. "This is about the record and my reputation."
Ellis said it was "perfectly reasonable" for the top officers to go to the airport that day. But he added, "Whether it was the best judgment or not is another matter."
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